The US Department of Homeland Security has expanded the 9/11 Response and Biometric Entry-Exit Fee to more H-1B and L-1 petitions, including extensions where a foreign worker continues with the same employer. But the additional $4,000 or $4,500 charge does not apply to every company sponsoring an H-1B or L-1 worker.The final rule, which takes effect on September 9, 2026, requires covered employers to pay the fee on all qualifying H-1B and L-1 extensions, regardless of whether the separate fraud prevention and detection fee applies.Also Read| H-1B visa rule changes: US expands $4,000 fee as Indian workers raise Green Card backlog concernsWho has to pay the fee?The employer filing the H-1B or L-1 petition pays the fee.To fall under the rule, an employer must meet both conditions: it must have at least 50 employees in the United States, and more than 50% of its US employees, counted in aggregate, must be in H-1B, L-1A or L-1B nonimmigrant status. DHS refers to companies meeting these conditions as covered employers.This means a company with 50 or more US employees does not automatically have to pay the additional fee. The second test — more than half of its US workforce being in H-1B or L-1 status — must also be met.How much will employers pay?A covered employer must pay $4,000 for an H-1B petition and $4,500 for an L-1 petition when the petition falls within the fee requirement.The amounts themselves are not new. Congress established the 9/11 Biometric Fee in 2015. The change is in the range of petitions on which covered employers must pay it.What changes for H-1B extensions?This is the key part of the new rule.Until now, among petitions submitted by covered employers, the biometric fee was generally collected for new employment or a change of employer. The final rule extends the charge to H-1B and L-1 extensions without a change of employer.For example, if an H-1B employee remains with the same covered employer and the company files to extend that person's status, the employer will now have to pay the $4,000 biometric fee.DHS said Congress' reference to an “extension of such status” means the fee should apply to all extension petitions filed by covered employers, not only extensions involving a change of employer.Does the H-1B worker have to pay $4,000?No. The rule places the payment obligation on the employer filing the petition.During the rulemaking process, some commenters suggested allowing employees to pay the fee when their employers were unwilling to do so.DHS rejected that suggestion, saying: “The statutes and existing regulations specify that the fee is required to be paid by the employer.”The document also says H-1B employers are generally prohibited from reducing a worker's wages or compensation to recover business expenses such as required petition-related filing fees.Which employers do not have to pay?Companies that do not meet the covered-employer test are outside this biometric fee requirement.For instance, an employer with fewer than 50 US employees does not qualify. Similarly, a company with 50 or more US employees but with 50% or less of its workforce in H-1B or L-1 status does not meet the threshold described in the final rule.DHS estimates that a maximum of about 16% of small businesses that file H-1B or L-1 petitions could be affected.Are any petitions exempt?Yes. A covered employer filing an amended H-1B or L-1 petition that does not seek an extension of the worker's currently authorised status is exempt from the biometric fee under the revised regulations.In other words, an amended petition by itself does not necessarily trigger the $4,000 or $4,500 charge. If the amended petition also seeks an extension of status, the exemption does not apply.Will the fee apply to pending petitions?No. DHS said the rule will apply to relevant petitions from its implementation date and will not apply retroactively to past or pending petitions.The final rule becomes effective on September 9, 2026.How long does this fee apply?The regulations state that the $4,000 H-1B and $4,500 L-1 biometric fees will apply to covered petitions filed on or before September 30, 2027.In simple termsA worker does not personally get a new $4,000 H-1B renewal bill under this rule. The fee falls on the petitioning company.From September 9, a company that has at least 50 US employees, with more than half of its US workforce in H-1B or L-1 status, will have to pay $4,000 for qualifying H-1B petitions or $4,500 for qualifying L-1 petitions, including extensions where the employee remains with the same employer.